UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
[“TRANSFERRED” FROM: U.S. D.C., SOUTHERN DISTRICT, W. PALM BEACH DIV.]
JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,
Plaintiffs,
versus Case # 2:09-CV-00791-FtM-CEH
ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD LACH; CHARLES “BARRY” STEVENS; REAGAN KATHLEEN RUSSELL; KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES; BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P. RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES; GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL; WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM GILBERTSON, NEWS PRESS, R. LENGERICH,
NOTICE OF APPEAL, FRAUD & FABRICATION
OF “RESOLUTION” [“O.R. 569/875”]
Defendants.
_______________________________________________________________________/
APPEAL FROM FRAUDULENT ORDERS [E.G., ## 36-38] & MOTION FOR RELIEF
FROM “WILD UNSUBSTANTIATED ALLEGATIONS” & FABRICATIONS
BY OBJECTIVELY PARTIAL & CORRUPT MAGISTRATE S. POLSTER-CHAPPELL
MOTION FOR MANDATORY RECUSAL OF DEF. CORRUPT U.S. MAGISTRATE
S. POLSTER CHAPPELL, WHO CONCOCTED A “LEGISLATIVE ACT” [O.R. 569/875]
AND/OR EXTENDED THE RECORD “LEE COUNTY” FRAUD SCHEMES FOR BRIBES
NOTICE OF CORRUPTION, CRIMINAL CASE FIXING, EXTRINSIC FRAUD BY
NAMED DEFENDANTS POLSTER CHAPPELL AND STEELE, WHO DIS-ALLOWED
PLAINTIFF(S) “TO ASSERT” THE TRUTH & FACIAL NULLITY OF “O.R. 569/875”
January 11, 2010
PUBLIC NOTICE AND PUBLICATIONS OF
GOVERNMENTAL CORRUPTION & EMINENT DOMAIN FRAUD
http://www.scribd.com/doc/24321794/SHERI-POLSTER-CHAPPELL-JUDICIAL-CORRUPTION-CONCEALMENT-OF-O-R-569-875
DEF. CHAPPELL FRAUDULENTLY CONCEALED GOVERNMENTAL FRAUD
1. Defendant corrupt U.S. Magistrate Judge Sheri Polster Chappell again fraudulently concealed the facial nullity and illegality of “Lee County” fraud schemes “O.R. 569/875”and the below forged “Lee County” “land parcels” [PARCEL 12-44-20-01-00000.00A0 and PARCEL 07-44-21-01-00001.0000]. Here, Defendant Chappell fraudulently concealed, e.g., that said prima facie fraud schemes are not any “genuine issues of material fact”, muniment of title and/or instrument. Polster Chappell knew that the prima facie record nullity and illegality of said fraud schemes has been indisputable and patently clear. However, Chappell continues to corrupt the judicial process and fraudulently pretend that Lee County purportedly owns Plaintiffs’ Gulf-front lands and private easements.
PLAINTIFFS APPEAL FROM CHAPPELL’S CRIMES AND FRAUD ON THE COURT
2. The Plaintiffs appeal from Chappell’s extrinsic and extra-judicial fraud and Orders, Doc. ## 36, 37, 38, in this independent action for relief from fraud on the Court(s). Here in exchange for Defendants’ bribes, corrupt Chappell keeps repeating her dumb determinations while the world is watching her crimes on the worldwide web. Unless Chappell can identify who, when, where, how, and why transferred any title to and/or interest in Plaintiffs’ riparian lands, Parcel # 12-44-20-01-00015.015A, Lee County Plat Book 3, page 25 (1912), corrupt Chappell’s dumb claims and orders are barred under, e.g., Florida’s self-enforcing Marketable Record Title Act.
CROOKED CHAPPELL PERVERTS THE LAW, RECORD FACTS AND TITLES
3. Corrupt Chappell knew that under Florida’s self-enforcing Marketable Record Title Act Plaintiffs’ exclusive and perfected record title to their riparian Gulf front lands and private implied easements had been automatically quieted. Crooked Chappell continues her crimes with wanton disregard for Florida and Federal law and the record facts.
PLAINTIFFS OBJECT TO CHAPPELL’S CONCOCTIONS & FRAUD ON THE COURT
4. The pro se Plaintiffs object to objectively partial and corrupt Polster-Chappell’s capricious concoctions and “wild unsubstantiated allegations” that, e.g., “Lee County” forged “claim” “O.R. 569/875” is any resolution and/or “legislative act”. Here in exchange for Defendants’ bribes, Chappell fraudulently concealed that no “legislator’ ever enacted or executed “O.R. 569/875” as admitted by the Defendants on the record.
DEFENDANT CHAPPELL HAS BEEN MERELY REPEATING HER DUMB LIES, AND PLAINTIFFS ARE ENTITLED TO CHAPPELL’S ABSOLUTELY MANDATED RECUSAL
5. In their independent actions for relief from fraud and governmental corruption, the Plaintiffs evidenced the conclusive discovery in the “prior case(s) regarding the same issues”. Unintelligently and corruptly, Defendant Chappell continues to fraudulently conceal the previously discovered and conclusively proven nullity and illegality of, e.g., “O.R. 569/875”:
“The Plaintiffs have made wild unsubstantiated allegations based upon the Court’s unfavorable rulings from a prior case regarding the same issues. Allegations of unfavorable rulings and unsupported allegations are not sufficient reason to recuse.”
Here, the pro se Plaintiffs have been victims of Defendant Chappell’s extra-judicial and extrinsic fraud. Based on discovery in State and Federal Courts since 2006, Chappell knew that the Plaintiffs’ allegations were fully substantiated. Arrogantly and ignorantly, Defendant Chappell fabricated “wild unsubstantiated allegations” in the facial absence of any support and substantiation of her “wild unsubstantiated” lies. Under the Florida and Federal Constitutions, the Plaintiffs are entitled to be free from said governmental oppression and trash.
6. Furthermore, in her “Order” [Doc. # 37], Defendant corrupt U.S. Magistrate Judge Sheri Polster Chappell again fraudulently concealed the facial nullity and illegality of “Lee County” fraud schemes “O.R. 569/875” and the below forged “Lee County” “land parcels” [PARCEL 12-44-20-01-00000.00A0 and PARCEL 07-44-21-01-00001.0000].
POLSTER-CHAPPELL’S RECORD EXTRA-JUDICIAL & EXTRINSIC FRAUD
7. For the criminal purpose of concealing the extra-judicial and extrinsic fraud, Defendant Sheri Polster-Chappell fabricated with wanton disregard for the truth and public record:
“The Plaintiffs have made wild unsubstantiated allegations based upon the Court’s unfavorable rulings from a prior case regarding the same issues. Allegations of unfavorable rulings and unsupported allegations are not sufficient reason to recuse.”
See Doc. # 37; p. 3 of 3.
Here, named Defendant Polster Chappell knew and again fraudulently concealed that said prima facie “Lee County” forgeries could not possibly be “wild unsubstantiated allegations” but undisputable record facts.
DEF. CHAPPELL CONTRADICTED THE DEFENDANTS AND THEIR ADMISSIONS
8. Here in particular, named party Defendant U.S. Magistrate Polster Chappell contradicted the Defendants and their record admissions such as, e.g., that Lee County, Florida, did not sign and execute facially forged “claim” “O.R. 569/875”.
CAPRICIOUSLY, DEF. CHAPPELL CONTRADICTED THE U.S. COURT OF APPEALS
9. Furthermore, named party Def. U.S. Magistrate Polster Chappell capriciously contradicted the U.S. Court of Appeals for the 11th Circuit, which had declared the Plaintiffs the unimpeachable record owners of their riparian/littoral Gulf-front land parcel 12-44-20-01-00015.015A and the prima facie nullity of “Lee County” facial fraud scheme “O.R. 569/875” pursuant to Florida’s self-enforcing Marketable Record Title Act. Defendant Chappell has no license or authority to lie, deliberately deprive, and defraud the pro se Plaintiffs in exchange for Defendants’ bribes. PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631
PREVIOUSLY DEFENDANT CHAPPELL HAD RECUSED HERSELF
10. Following her objectively partial and fraudulent “rulings from a prior case”, named Defendant U.S. Magistrate Chappell had previously recused herself “regarding the same issues”:
“The Plaintiffs have made wild unsubstantiated allegations based upon the Court’s unfavorable rulings from a prior case regarding the same issues. Allegations of unfavorable rulings and unsupported allegations are not sufficient reason to recuse.” Id.
DEFENDANT CORRUPT MAGISTRATE CHAPPELL’S RECUSAL IS MANDATED
11. Based on her prior recusal “regarding the same issues”, Chappell has been under an absolute recusal obligation pursuant to 28 U.S.C. § 455. Here, Chappell’s rulings are unintelligent, irrational, and arbitrary. No intelligent and fit person in Chappell’s shoes could have possibly denied recusal after previous recusal “regarding the same issues”. How dumb!
NAMED DEFENDANT POLSTER CHAPPELL IS OBJECTIVELY PARTIAL
12. No reasonable, intelligent, and fit magistrate, judge, juror, and/or person in Polster Chappell’s shoes could have possibly determined and/or ruled that the conclusively evidenced facial nullity and illegality of “O.R. 569/875” and said fraudulent “land parcels” are wild unsubstantiated allegations.
13. No reasonable, intelligent, and fit magistrate, judge, juror, and/or person in Polster Chappell’s shoes could have possibly determined and/or ruled that said patently clearly illegal and null and void “O.R. 569/875” is any legislative act, instrument, resolution, or muniment of title.
PLAINTIFFS DEMAND RECUSAL(S) AND RELIEF FROM FRAUD ON THE COURTS
14. Here in exchange for Defendants’ bribes, Polster Chappell extends said facial governmental fraud schemes. The Plaintiffs are entitled to be free from governmental and Polster-Chappell’s corruption and case fixing and demand the requested recusal(s) and relief from said fraud on the Court(s).
FRAUDULENT CONCEALMENT OF “LEE COUNTY” FACIAL FRAUD SCHEMES
15. OBJECTIVELY PARTIAL AND CORRUPT U.S. MAGISTRATE SHERI POLSTER CHAPPELL, FRAUDULENTLY CONCEALED THE PRIMA FACIE NULLITY, ILLEGALITY, AND CRIMINALITY OF, E.G., “LEE COUNTY” FACIAL FORGERIES:
· “O.R. 569/875”
http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD
· FORGED & NON-EXISTENT “PARCEL 12-44-20-01-00000.00A0”
See http://www.leepa.org/Display/DisplayParcel.aspx?FolioID=10001519
· FORGED & NON-EXISTENT “PARCEL 07-44-21-01-00001.0000”
http://www.leepa.org/Scripts/PropertyQuery/PropertyQuery.aspx?STRAP=07442101000010000
AS CONCLUSIVELY PROVEN BY LEE COUNTY PLAT BOOK 3, P. 25 (1912).
http://www.scribd.com/doc/24321176/1912-CAYO-COSTA-SUBDIVISION-PLAT-LEE-COUNTY-FLORIDA-PB-3-PG-25
THE JUDICIAL DEFENDANTS OBSTRUCTED JUSTICE AND LAW
16. The Plaintiff declared unimpeachable riparian street and subject real property Owners have a Constitutionally protected right to assert that Lee County” sham “claim” and scam “O.R. 569/875” [see http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD] was on its face
a. Never signed;
b. Never executed;
c. A prima facie eminent domain fraud scheme;
d. Without any legal effect;
e. Null and void;
f. Never legally existed;
g. Was never legally recorded.
17. Plaintiffs’ Third Amended Complaint [see http://www.scribd.com/doc/24173380/Third-Amended-Complaint-Doc-282] patently clearly evidenced that facially null and void “Lee County” “claim” and scam “O.R. 569/875” was never signed, executed, and legally recorded. Id., p. 9. Here since at least 2007, Defendant corrupt U.S. Magistrate Sheri Polster Chappell and Judge John Edwin Steele perverted the truth and public record evidence and obstructed justice and the law. See http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD.
GOVERNMENTAL/JUDICIAL OPPRESSION & FRAUD IN EXCHANGE FOR BRIBES
18. In exchange for Lee County bribes, Defendant corrupt U.S. Magistrate Sheri Polster Chappell and Judge John Edwin Steele did not allow the Plaintiff(s) to assert the facial nullity, criminality, and illegality of said forged “land” “claim” “O.R. 569/875” [see http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD]:
“The copy of the resolution attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise.” Doc. # 338, p. 12, ¶ C; http://www.scribd.com/doc/24173832/2-07-Cv-228-Doc-338-Opinion-and-Order
19. U.S. Magistrate Sheri Polster Chappell and John Edwin Steele knew, fraudulently concealed, and agreed to conceal that on its face, said fraud scheme “O.R. 569/875” was
a. NOT any instrument;
b. NOT any eminent domain proceedings document;
c. NOT any writing;
d. NOT any [eminent domain] court judgment;
e. NOT any muniment of title.
FOR BRIBES, DEFENDANT STEELE FAKED SIGNATURES AND AN “ACT”
20. In exchange for Lee County bribes, Defendants U.S. Magistrate Sheri Polster Chappell and/or John E. Steele corruptly and falsely pretended:
“The copy of the resolution attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise.” Doc. # 338, p. 12, ¶ C; http://www.scribd.com/doc/24173832/2-07-Cv-228-Doc-338-Opinion-and-Order
Here Defendant U.S. Magistrate Sheri Polster Chappell and John E. Steele knew, fraudulently concealed, and conspired to conceal that no signature or name of any “legislator” appeared on “Lee County” forged “claim” “O.R. 569/875”. See http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD.
DEFENDANT JOHN EDWIN STEELE CONTRADICTED DEF. JACK N. PETERSON
21. U.S. Magistrate Sheri Polster Chappell knew that under oath, Defendant Lee County Official Jack N. Peterson had answered the question: “Do you see a signature?”
“No.”
See record Transcript of 02/29/2008 Deposition of Defendant Lee County Assistant Attorney Jack N. Peterson; p. 4; lines 6-7; see http://www.scribd.com/doc/24145242/JACK-N-PETERSON-PERJURY-PUBLIC-CORRUPTION-t.
22. No facially un-signed and un-executed “claim” could have possibly
a. Been any writing or instrument;
b. Transferred any interest or estate to Lee County:
c. Involuntarily divested the Plaintiff declared unimpeachable record riparian street and Gulf-front land Owners of their subject Parcel # 12-44-20-01-00015.015A. See http://www.scribd.com/doc/24146811/Lee-County-Corruption-Perversion-of-Public-Record-Ct.
PERJURY & PUBLIC CORRUPTION BY DEFENDANT JACK N. PETERSON
23. During the taking of his Deposition on 02/29/2008, Defendant corrupt Official Jack N. Peterson had perjured himself and answered in response to
“Do you believe that this draft [“Lee County” prima facie forged “claim” and fraud scheme “O.R. 569/875”] has any legal effect?”
“I believe it does have legal effect.”
See Transcript of 02/29/2008 Deposition of Defendant corrupt Jack N. Peterson, p. 4, line 20; see http://www.scribd.com/doc/24145242/JACK-N-PETERSON-PERJURY-PUBLIC-CORRUPTION-t.
24. When asked: “Why is that?” Defendant corrupt Official Jack N. Peterson answered:
“It’s a resolution of the board of county commissioners.” Id., p. 4, lines 22, 23.
25. Here, no single “county commissioner” could be identified on said forged “claim” “O.R. 569/875”. No name or signature of any Lee County “commissioner” appeared on the face of null and void “O.R. 569/875”. Here, the judicial and other Defendants, and said Circuit Judges knew, fraudulently concealed, and conspired to conceal that the facially fake “resolution” [prima facie scam “O.R. 569/875”]:
a. Never legally existed;
b. Was never legally recorded;
c. Was never entitled to any recording;
d. Was not any instrument, writing, or muniment of title;
e. Was a prima facie governmental fraud and extortion scheme;
f. Was not any genuine “claim”;
g. Was not any conveyance;
h. Was never signed, executed, or sealed by Lee County, Florida;
i. Was never witnessed;
j. Was on its face null and void ab initio;
k. Lacked any platted or other legal description;
l. Could not have possibly created or transferred any property interest or estate to anyone;
m. Never conveyed any title, interest, or estate to Lee County, Florida;
n. Facially violated the separation-of-powers doctrine;
o. Facially violated the 4th, 14th, and 5th U.S. Const. Amendments;
p. Facially violated Florida’s eminent domain Statutes;
q. Facially violated Florida’s self-enforcing Marketable Record Title Act;
r. Was not any “genuine issue of material fact”;
s. Entitled the Plaintiff unimpeachable riparian “paper” street record Owners to Default and/or Summary Judgment in their favor under the Rules.
CONSPIRACY TO DEFRAUD, DEPRIVE, AND CONCEAL
26. Here, no reasonable intelligent person, juror, or judge in Defendant crooked Official Peterson’s, Polster Chappell’s, and/or Steele’s shoes could have possibly formed any belief that said facial forgery and fraud scheme “O.R. 569/875” had any “legal effect”.
DEFENDANT J. N. PETERSON’S ADMISSION OF NO SIGNATURE UNDER OATH
27. When asked: “Do you see a signature?” corrupt Lee County Official Peterson answered:
“No.” Id., p. 4, line 7.
28. When asked: “Perhaps would that indicate to you that the draft or proposal is facially defective?” Defendant corrupt Official Jack N. Peterson perjured himself and materially misrepresented:
“No.” Id., p. 4, line 10.
U.S. FRAUDULENT AND FALSE PRETENSES OF “FRIVOLOUS APPEAL”
29. Just like the United States’ fraudulent and false pretenses of “weapons of mass destruction” preceding the Iraq War(s), the United States and its agents arrogantly and ignorantly pretended “frivolity” of Plaintiff declared riparian street record Owners’ claims for relief in the glaring presence of a facially forged “resolution” [Governmental prima facie scam “O.R. 569/875”], which could not have possibly involuntarily divested the Plaintiff declared riparian record land Owners of their Constitutionally protected street property “on the Gulf of Mexico” under any set of circumstances. See Doc. # 385.
SELF-ENFORCING ABSOLUTE JUDICIAL RECUSAL OBLIGATION, 28 U.S.C. § 455
30. The Governmental Agents and/or Judges were named party Defendants and under a self-enforcing affirmative recusal obligation, which had to be resolved in favor of mandatory disqualification under 28 U.S.C. § 455. Rather than rationally and justly reconcile the conclusive perjury and public corruption evidence on file, the various Judges extended the “Lee County” forgeries such as, e.g:
t. Forged “claim” of “unidentified” un-platted areas, “O.R. 569/875”, PB 3, PG 25;
u. Forged un-platted “parcel 12-44-20-01-00000.00A0”, PB 3, PG 25 (1912);
v. Forged un-platted “parcel 07-44-21-01-00001.0000”, PB 3, PG 25;
w. Forged “park”, which was never platted or subdivided in 1912, PB 3, PG 25.
PUBLIC CORRUPTION AND PERVERSION OF PUBLIC RECORD
31. Here plain and short, the Governmental Agents could not be trusted while they have been brazenly perverting the public record evidence, defrauding the Plaintiff unimpeachable riparian/littoral street record Owners, and destructing the stability of titles in egregious violation of Florida’s self-enforcing Marketable Record Title Act, which had automatically quieted Plaintiffs’ perfected and unencumbered marketable record title to their riparian “paper” street and subject Parcel “on the Gulf of Mexico” as conveyed in reference to the 1912 Cayo Costa Subdivision Plat of Survey in Lee County Plat Book 3, p. 25.
PREVIOUS RECUSALS OF CORRUPT JOHN E. STEELE & S. POLSTER-CHAPPELL
32. Named Defendant objectively partial and corrupt U.S. District Judge John E. Steele and Defendant U.S. Magistrate Sheri Polster-Chappell removed Plaintiff declared unimpeachable riparian street record Owners’ State action, Case # 2006-CA-003185, Lee County Circuit Court, to their U.S. District Court, Middle District of Florida, Fort Myers Division, Case # 2:08-cv-00899-UA-MAP. On 12/09/2008, said Defendants recused themselves in that related and/or associated Case # 2:08-cv-00899-UA-MAP. See Order of Recusal.
33. Furthermore, said Defendants recused themselves in related and/or associated Federal Case # 2:09-cv-00602. See Order of Recusal.
JUDICIAL FRAUD & CORRUPTION: FABRICATION OF A “LEGISLATIVE ACT”
34. In exchange for Defendants’ bribes, objectively partial, unfit, and corrupt U.S. Magistrate Sheri Polster Chappell and/or U.S. Judge John E. Steele fraudulently and falsely pretended:
“Plaintiff asserted that the resolution [“O.R. 569/875”] effecting the taking of more than 200 Acres other than his 2.5 Acres. This is sufficient to constitute a legislative act.”
See Doc. # 338, Opinion and Order”, p. 11; http://www.scribd.com/doc/24173832/2-07-Cv-228-Doc-338-Opinion-and-Order; http://www.scribd.com/doc/24023101/John-E-Steele-Governmental-Corruption-and-Fraud.
Here in exchange for Defendants’ bribes, U.S. Magistrate Sheri Polster Chappell and/or Defendant John E. Steele materially misrepresented that prima facie “Lee County” scam “O.R. 569/875” was a legislative act and/or resolution, which no reasonable, intelligent, and fit person, judge, or juror could have possibly found.
JUDICIAL CORRUPTION: CROOKED DEFENDANT U.S. JUDGE JOHN E. STEELE
35. U.S. Magistrate Sheri Polster Chappell knew that Defendant corrupt Judge John Edwin Steele fraudulently concealed and conspired with other Defendants to conceal that “Lee County” sham “claim” and scam “O.R. 569/875” was never signed and executed. See Docket and http://www.scribd.com/doc/24173380/Third-Amended-Complaint-Doc-282.
36. Fraudulently, named party Defendant objectively partial and corrupt U.S. District Judge John Edwin Steele falsely pretended in the May 5, 2008 “Opinion and Order”, Doc. # 338:
“The copy of the resolution attached to the Third Amended Complaint establishes that it was signed, executed, and duly recorded in the public records, and plaintiff will not be allowed to assert otherwise.” Id., p. 12, ¶ C.
Here unconstitutionally and criminally, said Defendant crooked U.S. Judge John E. Steele disallowed the Plaintiff unimpeachable record co-Owner, Dr. Jorg Busse, “to assert” the truth and defend his Constitutionally protected property, riparian Gulf-front “paper” street and subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico”, PB 3, PG 25 (1912) against governmental corruption, fraud, deliberate deprivations, seizure, confiscation, conspiracy to deliberately deprive, defraud, seize, confiscate, etc.
JUDICIAL EXTENSION OF “LEE COUNTY” FACIAL SHAM CLAIM AND SCAM
37. Here, named party Defendant objectively corrupt U.S. Magistrate Sheri Polster Chappell and Judge John E. Steele knew and fraudulently concealed that on its face, sham “claim” and scam “O.R. 569/875”, i.e., the forged “resolution”
a. Never legally existed;
b. Was never legally recorded;
c. Never created or transferred any property interest;
d. Could not have possibly ever transferred any property interest to Lee County;
e. Was never signed or executed by any legislator;
f. Was not any legal instrument or muniment of title;
g. Was null and void ab initio.
EMINENT DOMAIN FRAUD AND GOVERNMENTAL CORRUPTION
38. Defendant corrupt U.S. Magistrate Sheri Polster Chappell and/or Judge John Edwin Steele knew, fraudulently concealed, and conspired to conceal that no legislator and/or “legislative act” could have possibly involuntarily divested the declared unimpeachable record riparian property Owners of their Gulf-front “paper” street and subject Parcel # 12-44-20-01-00015.015A. Here, Defendant objectively unfit and corrupt U.S. Judge John Edwin Steele extended the record “Lee County” facial forgeries and fraud schemes to illegally bypass Florida’s Constitution and eminent domain Statutes.
FOR BRIBES, JOHN E. STEELE ALTERED HIS FINDINGS
39. In exchange for Lee County bribes, Defendant John Edwin Steele altered and perverted his findings as stated in Doc. # 87, see http://www.scribd.com/doc/24174482/2-07-CV-228-DOC-87:
“Based on the Court’s review of the file, it appears that jurisdiction will not be based on diversity. This Court also has original jurisdiction over cases arising under the U.S. Constitution and other federal laws. 28 U.S.C. § 1331. Based on a reading of plaintiff’s filings, it appears that there is at least one cause of action for civil rights violations under 42 U.S.C. § 1983. (Doc. #25, p. 19; # 25-2, p. 8.)”
FRAUDULENT LOCAL RULES VIOLATIONS TO CONCEAL RECORD EVIDENCE
40. Here fraudulently, and while no judge had been re-assigned in State Court after the recusal of Defendant State Judge Lynn Gerald, Jr., said Defendants failed to comply with Local Rule 4.2, Doc. # 3, for the unlawful purpose of obstructing the law and justice and deliberately depriving and defrauding the Plaintiff declared unimpeachable record Owners of their riparian street and subject Parcel “on the Gulf of Mexico”, PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; Lee County PB 3, PG 25 (1912).
CONSTITUTIONAL RIGHT TO BE FREE FROM GOVERNMENTAL CORRUPTION
41. The Plaintiff indisputable riparian Gulf-front street record Owners have been entitled to be free from the patently clear and conclusively evidenced Governmental corruption and the criminal extra-judicial acts of the named Defendant objectively corrupt and rogue Judges and Magistrates in these Cases.
THE LAW SELF-ENFORCED PLAINTIFFS’ DECLARED RECORD OWNERSHIP
42. The named Defendant objectively partial and corrupt Judges and Magistrates in these Cases fraudulently concealed and conspired with Officials to conceal that the law self-enforced Plaintiffs’ unencumbered, unimpeachable, and perfected record ownership of and exclusive title to the adjoining platted riparian street and subject Parcel # 12-44-20-01-00015.015A “on the Gulf of Mexico” as declared by the U.S. Court of Appeals, 11th Circuit, on 04/21/2009:
“The [Plaintiffs’-]Appellants’ Lot 15A [riparian Gulf-front Parcel 12-44-20-01-00015.015A, Lee County Plat Book 3, p. 25 (1912)] is on the west side of the Cayo Costa Subdivision on the Gulf of Mexico and is adjacent to land that was claimed through resolution 569/875 to create the Cayo Costa State Park.”
See PRESCOTT, No. 08-14846, 2009 U.S. App. LEXIS 8678, 2009 WL 1059631; Lee County PB 3, PG 25 (1912). Here, said U.S. Court of Appeals followed Murrell v. United States, 269 F.2d 458 (5th Cir.1959) and West Peninsular Title Co. v. Palm Beach County, 41 F.3d 1490, 1492 n.4 (11th Cir.), cert. denied, 516 U.S. 932, 116 S. Ct. 338, 133 L. Ed. 2d 237 (1995), in which the 11th Circuit relied on the Florida Supreme Court ruling(s) in, e.g., Caples v. Taliaferro, 197 So.861 and/or Burns v. McDanial, 104 Fla. 526, 140 So. 314:
‘There are also authorities holding that when a street of highway is laid out wholly on the margin of a grantor’s land, a conveyance of the lands abutting such street or highway carried the fee to the entire width of such street or highway…’
CONCEALMENT OF SELF-ENFORCING MARKETABLE RECORD TITLE ACT
43. Here said indisputably corrupt Defendant Judges and Magistrates knew, fraudulently concealed, and conspired to conceal that through the mere passage of time, Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ paramount marketable record title, which perfectly conveyed Plaintiffs’ adjoining riparian “paper” street and subject Parcel “on the Gulf of Mexico” in reference to the 1912 Plat of Survey of the facially riparian undedicated private residential Cayo Costa Subdivision as recorded in Lee County Plat Book 3, page 25. See Exhibits on record.
FRAUDULENT CONCEALMENT OF PLAINTIFF OWNER(S)’ STATE ACTION
44. The Defendant objectively partial and corrupt Judges and Magistrates in these Cases fraudulently concealed and conspired with Officials to conceal that the Plaintiff declared riparian record Owner(s) had pursued “declaratory judgment” in State Court since 2006:
“Additionally, plaintiff could have pursued an state action for declaratory judgment under FLA. STAT. § 86.011, a suit to quiet title, Trustees of Internal Imp. Fund of State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or a suit in ejectment if the matter is viewed as a boundary dispute. Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).”
See Case # 2:07-cv-00228-FtM-JES-SPC, “Opinion and Order”, Doc. # 338.
Here, named Defendant objectively partial and corrupt U.S. District Judge John E. Steele and corrupt Magistrate Sheri Polster-Chappell themselves removed Plaintiff(s) State action to Federal Court. See Cases ## 2006-CA-003185, 20th Judicial Circuit, Lee County, Florida; and 2:08-cv-00899-UA-MAP; see below Exhibit of Docket, Case # 2:08-cv-00899-UA-MAP, evidencing said removal and the mandatory recusal of corrupt judicial Defendants John E. Steele and Sheri Polster-Chappell.
WHEREFORE, the declared Plaintiff riparian street record Owners respectfully demand
1. An Order for the mandatory recusal of named party Defendant objectively corrupt and partial U.S. District Judges John E. Steele, Richard A. Lazzara, and Magistrates Mark Allan Pizzo, and Sheri Polster-Chappell, because they were under an absolute and affirmative self-enforcing recusal obligation under 28 U.S.C. § 455 and obstructed justice;
2. An Order enjoining said Defendant U.S. Judges and Magistrates from obstructing Plaintiffs’ court access under fraudulent pretenses of “frivolity”;
3. An Order relieving the Plaintiff unimpeachable record riparian street and subject Parcel Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of a non-existent and un-platted “park”, and facially forged and non-existent “parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000”, which were never subdivided by original Subdivision Owner and Developer Alexander C. Roesch in 1912, PB 3, PG 25;
4. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of obstructing justice, deliberately depriving and defrauding the Plaintiff riparian street and subject Parcel Owners;
5. An Order, which intelligently reconciles said Federal Appellate Declaration of Plaintiffs’ riparian ownership with Doc. # 3 and Richard A. Lazzara’s “frivolity” extrinsic fraud scheme and fraud on the Court(s);
6. An Order, which intelligently considers said 11/07/2007 TRANSCRIPT OF FRAUDULENT PROCEEDINGS and Richard A. Lazzara’s “frivolity” extrinsic fraud scheme and fraud on the Court(s);
7. An Order vacating and relieving the Plaintiff record riparian street Owners from said “Order” [Doc. # 3], because on its face it serves the unlawful purpose of fraudulently concealing the publicly recorded corruption and case fixing in exchange for Defendants’ bribes;
8. An Order for compensatory damages against all Defendants;
9. An Order enjoining the Defendant Officials from said “Lee County” forgeries and fraud schemes and public governmental corruption;
10. An Order enjoining Defendant Cynthia A. Pivacek from any unlawful “attorney review” extrinsic fraud scheme, and obstruction of Plaintiffs’ Constitutional right to court access and to redress their grievances;
11. An Order declaring that, through the mere passage of time, Florida’s self-enforcing Marketable Record Title Act had automatically quieted Plaintiffs’ perfected and unencumbered record title to said admittedly riparian Gulf-front street and Parcel # 12-44-20-01-00015.015A, which touches and abuts the “Gulf of Mexico” pursuant to said 1912 record Subdivision Plat and the newly discovered evidence;
12. An Order enjoining Lee County, the State of Florida, and its Officials from maliciously misconstruing said referenced 1912 Subdivision Plat of Survey, PB 3, PG 25, and the natural record boundary and monument of the “Gulf of Mexico” and “Charlotte Harbor”;
13. An Order enjoining, in particular, fraudulent “Lee County” “land claim” and scam “O.R. 569/875”, which never legally existed and was never legally recorded;
14. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 12-44-20-01-00000.00A0”, which never legally existed and was never legally recorded;
15. An Order enjoining, in particular, forged and unplatted “Lee County” “parcel 07-44-21-01-00001.0000”, which never legally existed and was never legally recorded;
16. An Order enjoining said fraudulent “Lee County” land ownership “claims” in the prima facie absence of any Lee County title;
17. An Order enjoining any trespass onto said private undedicated residential Cayo Costa Subdivision, PB 3, PG 25 (1912), by Lee County, the State of Florida, its Officials, and the public;
18. An Order enjoining any trespass onto Plaintiffs’ private implied street and alley easements and onto Plaintiffs’ adjoining riparian street lands and private street easement “on the Gulf of Mexico” by Lee County, the State of Florida, its Officials, and the public;
19. An Order relieving the Plaintiff unimpeachable record riparian Gulf-front street Owners from said extrinsic fraud, fraud on the courts, and fraudulent pretenses of “Lee County” ownership of non-existent and un-platted “parcels 12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” pursuant to said referenced 1912 Plat, PB 3, PG 25;
20. An Order for punitive damages against all Defendants;
21. An Order for relief from the fraudulent Judgments in the related Cases and Appeals;
22. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard A. Lazzara, who fraudulently concealed Plaintiffs’ unimpeachable riparian street Ownership as dispositively declared by the 11th Circuit on 04/21/2009;
23. An Order for the impeachment of named party Defendant objectively partial and corrupt U.S. District Judge Richard Alan Lazzara, who extended said crimes, and public governmental corruption, forgeries, and fraud schemes under fraudulent and false pretenses of “frivolity”.
______________________________________
/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.
Public Corruption and Crime Victim; Plaintiff, pro se
State Cert. Res.Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;
Consulate General of the Federal Republic of Germany
C/o Legal and Consular Department
100 N. Biscayne Blvd., Suite # 2200
Miami, FL 33132;
T: 239-595-7074; E-mail at: http://VABLeeCounty.blogspot.com/ and/or JRBU@aol.com
_________________________________
/S/JENNIFER FRANKLIN PRESCOTT
Crime and Public Corruption Victim; Plaintiff, pro se
P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295
CAMPAIGN AGAINST JUDICIAL CORRUPTION
GOOGLE: “John Edwin Steele” for the latest
johnedwinsteele@aol.com
GOVERNMENTAL CORRUPTION & EMINENT DOMAIN FRAUD
http://www.scribd.com/doc/24321794/SHERI-POLSTER-CHAPPELL-JUDICIAL-CORRUPTION-CONCEALMENT-OF-O-R-569-875
SHERI POLSTER CHAPPELL,
OBJECTIVELY PARTIAL AND CORRUPT U.S. MAGISTRATE,
FRAUDULENTLY CONCEALED THE
PRIMA FACIE NULLITY, ILLEGALITY, AND CRIMINALITY OF, E.G.,
“LEE COUNTY” FACIAL FORGERIES:
· “O.R. 569/875”
http://www.scribd.com/doc/24051290/Lee-County-Public-Corruption-Investigation-O-R-569-875-FRAUD
· FORGED & NON-EXISTENT “PARCEL 12-44-20-01-00000.00A0”
http://www.leepa.org/Display/DisplayParcel.aspx?FolioID=10001519
· FORGED & NON-EXISTENT “PARCEL 07-44-21-01-00001.0000”
http://www.leepa.org/Scripts/PropertyQuery/PropertyQuery.aspx?STRAP=07442101000010000
AS CONCLUSIVELY PROVEN BY LEE COUNTY PLAT BOOK 3, P. 25 (1912).
http://www.scribd.com/doc/24321176/1912-CAYO-COSTA-SUBDIVISION-PLAT-LEE-COUNTY-FLORIDA-PB-3-PG-25
CROOKED U.S. MAGISTRATE SHERI POLSTER CHAPPELL
http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgChappell.htm
